What Is Considered Medical Malpractice?

Can you imagine a situation in which the people you trust to care for your health wrong you? Can you imagine a condition you have worsening or an injury getting worse because of a healthcare provider’s negligent actions?

Unfortunately, this is something that has happened to numerous individuals and still remains a serious danger in various hospitals and other healthcare facilities. Those trusted to help us feel better are not always the safest when it comes to taking precautions to protect patients.

In the legal world, any situation in which the healthcare professional is negligent and causes more harm to their patient is called medical malpractice. This comes in a number of forms and those who have been hurt may be able to take legal action against the responsible party.

Anesthesia Errors

When surgery requires someone to have anesthesia, the individual administering must take the necessary steps to ensure they are doing everything in a safe manner. Here are some of the things that should be considered by the anesthesiologist:

  • Ensuring the patient is getting the correct dosage
  • Administering anesthesia with enough time to work before surgery
  • Intubating the patient in a proper manner
  • Monitoring the patient
  • Recognizing potential complications associated with the anesthesia
  • Administering oxygen during the procedure

These types of errors can result in serious injuries, including comas and in the worst-case scenarios, death.

Surgical Errors

Some of the surgical errors that exist may be referred to as “never events.” These are things that should never happen in the healthcare facility and could pose significant dangers to the patient. These can include surgery on the wrong patient, surgery on the wrong body part, and more.

One of the worst surgical errors that can occur is when the doctor leaves an instrument, gauze, or other item in the patient after the surgery has been completed and the patient has been closed back up. This can cause serious infection or problems with internal organs.


Unfortunately, there are situations in which a person is diagnosed incorrectly for a number of reasons. For instance, a patient may go in with various symptoms that can be attributed to multiple different conditions. If the proper tests are not run, the doctor may diagnose the patient with a condition, despite them having something that is worse.

When these involve some life-threatening conditions, misdiagnosis can mean that the patient doesn’t get the necessary treatment to get better. This could lead to long-term problems or even death.

Medication Errors

These errors are dangerous if the patient has a specific reaction to certain medications or if the dosage is not properly prescribed. This could lead to someone dealing with the reactions from allergies or overdosing.

At James Wood Law, we know that this can be a very difficult situation for you. Doctors are supposed to ensure that we are healthy and help us when conditions or injuries are present. Unfortunately, this doesn’t always happen.

Medical malpractice typically occurs because of the negligence of the medical professional. There are many reasons negligence may arise, including:

  • Lack of proper hiring and training protocols
  • Understaffed medical professionals
  • Lack of communication
  • System errors in information relayed

When this happens, the patient has the right to take legal action against the negligent party, which can include the doctor, the hospital, a nurse, or even an anesthesiologist. Understanding your rights is important and knowing how a case can be handled is crucial.

Our Albuquerque medical malpractice attorneys work to help you navigate the complex legal matters ahead. You deserve to have someone on your side who can work with you and build a case focused on your needs and your best interests.

Call us today at (505) 906-6774 and discover what legal options you may have. We offer free consultations to help you seek the most favorable outcome and maximum compensation you deserve.

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